2150, CSC, 25/01/2022
Court: Corte Suprema di Cassazione
 | 2022

Failure to make a timely diagnosis of foetal pathology - Pregnant woman’s inability to make her own decision as to voluntary termination of pregnancy after the 90th day of gestation - Compensation for damage caused by unwanted birth

Angulo Losada v. Bolivia, IACtHR, Series C No. 475, 18/11/2022
Court: Inter-American Court of Human Rights
 | 2022

Adolescent repeatedly raped by her adult cousin – Ineffective remedies due to domestic authorities’ stereotyped preconceptions as to the applicant as complicit in her own abuse  –  Lack of an intersectional gender and childhood perspective in conducting the criminal process without avoiding revictimization – Violation of the duty of strict and enhanced due diligence and of the special protection required in a complaint of sexual violation against a girl  –  Violation of the rights to humane treatment, a fair trial, equality before the law, private and family life, of the child and judicial protection – Revictimizing attitude materialising in forensic exams conducted improperly with potential secondary harm to the applicant and interviews repeated on multiple occasions during the investigations leading to increased distress

Brítez Arce et al. v. Argentina, IACtHR, Serie C No. 474, 16/11/2022
Court: Inter-American Court of Human Rights
 | 2022

Obstetric violence as a form of gender-based violence - States' obligation to prevent, punish and refrain from practicing obstetric violence as well as to provide adequate, specialized and differentiated health services during pregnancy, childbirth and after childbirth to guarantee the mother's right to health

Dissenting / Concurring: Sierra Porto / Pérez Goldberg

Pavez Pavez v. Chile, IACtHR, Series C No. 449, 4/2/2022
Court: Inter-American Court of Human Rights
 | 2022

Revocation of the certification to teach Catholicism after having entered a same-sex relationship in violation of Catholic canon law - Violation of the right to equality and non-discrimination, the right to privacy, and the right to work - Court's order to institute a concrete judicial review procedure to allow state officials to carry out a control of the religious authorities’ assessment of suitability of religious teachers serving in public schools

Dissenting / Concurring: Sierra Porto

C.E. and Others v. France, ECtHR, 29775/18, 29693/19, 24/03/2022
Court: European Court of Human Rights
 | 2022

Article 8 (Positive obligations) - Inability to obtain recognition of legal parent-child relationship between child and biological mother’s former female partner

D.M. and N. v. Italy, ECtHR, 60083/19, 20/01/2022
Court: European Court of Human Rights
 | 2022

Adoption procedure initiated by the authorities in breach of the mother’s and her child’s right to respect for family life - Evaluation of the alleged mother's inability to fulfil her parental duties based on stereotyped assumptions concerning gender roles and her sexual life

 

Dissenting / Concurring: sexual expression, discrimination against women, adoption

G.M. and Others v. the Republic of Moldova, ECtHR, 44394/15, 22/11/2022
Court: European Court of Human Rights
 | 2022

Ineffective investigation into allegations of forced abortions and forced contraception after rape by a doctor in a neuropsychiatric residential asylum of three intellectually disabled applicants with legal capacity - Respondent State's failure to establish and apply effectively a system protecting intellectually disabled women in psychiatric institutions against serious breaches of their integrity - Inadequate criminal legislation and lack of mechanisms to prevent such abuse

S.F.K. v. Russia, ECtHR, 5578/12, 11/10/2022
Court: European Court of Human Rights
 | 2022

Article 3 (substantive and procedural) - Abortion performed at a public hospital in breach of medical standards and against the will of a vulnerable young adult coerced by her parents

Dissenting / Concurring: Peeter Roosma, Mikhail Lobov

Y.P. v. Russia, ECtHR, 43399/13, 20/9/2022
Court: European Court of Human Rights
 | 2022

Sterilisation without consent not reaching a requisite threshold of severity in case circumstances - Decision made in context of unexpected and urgent situation, after thorough consideration by a medical panel, and driven by genuine concerns for health and safety - Failure of doctors to seek and obtain express, free and informed consent for sterilisation, as required by domestic law

Dissenting / Concurring: Georgios A. Serghides, Darian Pavli / María Elósegui